CHAN WING CHEONG VIRCHOW v. INTECH DIGITAL TECHNOLOGY LTD

CHAN WING CHEONG VIRCHOW v. INTECH DIGITAL TECHNOLOGY LTD

The court affirmed the tribunal's factual findings and held there was no arguable point of law to overturn them, confirmed the Tribunal's jurisdiction under Schedule s7 Cap.25 to award contractual reimbursements, found the dismissal was not a lawful summary dismissal under Employment Ordinance s9, and dismissed the appeal while awarding costs of $3,000 to the claimant.

Citation
CHAN WING CHEONG VIRCHOW v. INTECH DIGITAL TECHNOLOGY LTD
Parties
Claimant (respondent): CHAN WING CHEONG VIRCHOW; Defendant (appellant): INTECH DIGITAL TECHNOLOGY LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 February 2009
Case Number
HCLA46/2007
Procedural Posture
Labour Tribunal Appeal (court of First Instance) / Judgment
Outcome
Appeal dismissed; Tribunal award upheld.
Legal Topics
Wrongful Dismissal, Wages and Benefits, Summary Dismissal, Jurisdiction of Labour Tribunal, Costs Assessment
Source Language
EN
Employment Law Labour Tribunal Procedure Contract Law Wrongful Dismissal Wages and Benefits Summary Dismissal Jurisdiction of Labour Tribunal Costs Assessment

Case Brief

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Parties

CHAN WING CHEONG VIRCHOW

Claimant (respondent)

INTECH DIGITAL TECHNOLOGY LIMITED

Defendant (appellant)

Procedural Posture

Labour Tribunal Appeal (court of First Instance) / Judgment

Legal Issues

  1. 1 Whether the contract commenced on 1 May 2006 or on or about 22 August 2006
  2. 2 Whether the employer was entitled to summarily dismiss the employee under section 9 of the Employment Ordinance
  3. 3 Whether the Labour Tribunal had jurisdiction to award reimbursement of expenses claimed under the employment contract

Ratio Decidendi

The court affirmed the tribunal's factual findings and held there was no arguable point of law to overturn them, confirmed the Tribunal's jurisdiction under Schedule s7 Cap.25 to award contractual reimbursements, found the dismissal was not a lawful summary dismissal under Employment Ordinance s9, and dismissed the appeal while awarding costs of $3,000 to the claimant.

Court Disposition

Appeal dismissed; Tribunal award upheld.

Orders

  • Appeal dismissed
  • Tribunal awards affirmed